Rosalind Phelps
Call date
1998
Practice Areas
Broad commercial practice, specialising in:
- Arbitration
- Aviation
- Banking
- Civil Fraud
- Commercial Contracts
- Conflicts of law and jurisdiction
- Financial Services
- Freezing injunctions and other interim relief
- Insurance and Reinsurance
- Judicial Review/Regulatory (including FSMA 2000)
- Professional Negligence
- Sale of Goods and International Trade
Recommendations (Practitioners' Guides)
Recommended by each of Chambers and Partners 2011 and The Legal 500 2010 as a leading junior in the categories of Aviation, Banking & Finance and Civil Fraud. Comments in the last 3 years include:
“ridiculously clever, but doesn’t feel the need to attach pomposity to it.”
“Rosalind Phelps, a new addition to the tables, is gaining a reputation for her "mature handling of clients and commercial aviation disputes." "
“The down to earth and bright Rosalind Phelps is commended for her dedication”
“Gives ‘sensible, commercial advice'”
“an excellent lawyer and great team player”
“Nothing seems too difficult for her to handle, even within tight time constraints.”
“extraordinarily personable and highly consistent.”
“approachable and responsive.”
“the ‘exceptionally bright’ Rosalind Phelps has impressed clients as ‘one to watch’”.
“impeccable judgement.”
“Rosalind Phelps continues to impress those around her with her ‘ultra calm exterior.’”
Education
BCL (First Class): Pembroke College, Oxford (1997)
BA Law and French Law (First Class): Pembroke College, Oxford (1996)
Diploma in French Law: University of Paris II (1995)
Prizes & Scholarships
Lincoln's Inn
Hardwicke Entrance Award, Sunley Scholarship, Levitt Scholarship
Oxford University
Rowe and Maw prize and Domus Scholarship (Pembroke College)
British Academy and Simms prize (BCL)
Languages:
Fluent in French
Professional Experience
Rosalind Phelps has a general commercial law practice with particular emphasis on aviation, banking, civil fraud, commercial contracts and professional negligence. She has substantial experience in both large-scale commercial disputes (including, recently, the Tajik Aluminium litigation in the Commercial Court) and also acting unled in smaller trials, arbitrations and interlocutory matters.
Recent Practice
Commercial Litigation:
Advised on and acted in a wide variety of commercial contract disputes and other commercial matters, including fraud claims, jurisdiction, injunction and summary judgment applications.
Acted for Barclays Bank plc in Kneale v Barclays Bank [2010] EWHC 1900 (Comm), one of the leading recent cases on pre-action disclosure.
Eagle Aircraft Leasing v Société Air France: Acted 2009-2010 for the Claimants in heavy, expedited contractual dispute in the Commercial Court. Case settled shortly before trial due to start in May 2010.
Ahmed v GE Money Consumer lending and others (2010-): Acting for Clydesdale Financial Services Limited in defending large group action brought pursuant to the Consumer Credit Act 1974.
Acting for a major High Street bank in a substantial contractual dispute involving the provision of IT services.
Tajik Aluminium Plant v Ermatov & Ors: Acted 2005-2008 for the principal Defendants in very heavy commercial litigation involving multiple parties and allegations of fraud arising out of contracts to supply raw materials to an aluminium smelter in the former Soviet Union. Appeared (led by Brian Doctor QC) in the trial of the action in the Commercial Court before Tomlinson J in October 2008 (trial settled after the first month). Issues raised included fraud, bribery, conspiracy, forgery and tracing claims, Russian, Tajik, Swiss and Swedish Law, trading commodities on the LME and jurisdiction.
Appeared (both led and unled) in numerous heavy interlocutory applications in the Tajik Aluminium litigation including a contested application to overturn a freezing injunction before Blackburne J ([2005] All ER (D) 250), a substantial jurisdiction application before Cresswell J which included issues as to ‘necessary or proper party’, Act of State and non-justiciability ([2006] All ER (D) 448) and an application for indemnity costs ([2006] All ER (D) 15).
Ashton Investments v Russian Aluminium (Rusal) [2007] 1 Lloyd’s Rep 311. Jurisdiction application in the Commercial Court (led by Brian Doctor QC) which decided where damage is sustained for the purposes of allegations of cross-border ‘hacking’ into computers.
Omnicash v Cashbox [2005] All ER (D) 364: QBD trial concerning the formation and terms of a commercial agreement for the operation of ATMs.
Cable & Wireless plc v IBM: Appeared as junior counsel for IBM in Commercial Court action in 2003-2004 concerning the proper construction of a high value IT outsourcing contract.
Premier Profiles v Tioxide [2002] BLR 467: Acted for a manufacturer in a large product liability claim in the Commercial Court relating to discoloured uPVC windows.
Banking & Finance:
Recommended as by Chambers & Partners in this field since 2006, and by the Legal 500 from 2010. Advised and appeared for both high street and investment banks in disputes of varying sizes and types including those involving mortgages, guarantees, letters of credit and fraud/tracing claims.
Advised various parties in relation to the Financial Services and Markets Act 2000, and recent ‘credit crunch’ issues, including for a leading emerging markets investment manager in relation to the enforcement of US$100M security in an M&A transaction in Russia, and also in connection with the collapse of one of the main Icelandic Banks. Also recently acted for major high street banks in connection with various matters arising from the Consumer Credit Act 1974.
Rawlinson & Hunter Trustees v Kaupthing Bank (2010-): Acting for Claimants in major Commercial Court action against a collapsed Icelandic Bank.
Kneale v Barclays Bank plc [2010] EWHC 1900 (Comm): Acted for the bank in an application for pre-action disclosure in relation to sections 60-65 of the Consumer Credit Act 1974.
Ahmed v GE Money Consumer lending and others (2010-): Currently acting for Clydesdale Financial Services Limited in defending large group action in relation to the granting of finance pursuant to the Consumer Credit Act 1974.
Barclays Bank v Gangar & White (2007-2008): Acted for Barclays in proceedings for asset recovery/enforcement of charges against the perpetrators of a substantial fraud involving the Dobbs White accountancy firm.
Barclays Bank v El-Alami, Barclays Bank v Patel and others (2005-2008): Substantial claims in relation to mortgage/valuation frauds (see further below under Civil Fraud).
Barclays Bank v Sentry, Sprint and Mann: QBD trial for the bank in June 2005 in relation to a claim on a guarantee/restitution of monies paid by mistake.
National Westminster Bank v Feeney [2003] All ER (D) 131: Appeared in the Court of Appeal for the bank in appeal on the issue of whether the Claimant’s claim for misrepresentation had been stayed.
Anchor Trust v Credit Agricole Indosuez: Acted for the bank in a claim for breach of trust and misrepresentation in relation to the transfer of monies pursuant to a sale agreement.
European Bank for Reconstruction and Development v Glogowski: Acted for the bank in large guarantee claim relating to the construction of a hotel in Eastern Europe.
Civil Fraud:
Recommended as a leading junior in this field by Chambers & Partners since 2007 and by the Legal 500 since 2008. Wide experience of applications for freezing injunctions, Norwich Pharmacal orders and related matters.
Tajik Aluminium Plant v Ermatov & Others (2005-2008): Very substantial civil fraud claim in the Commercial Court relating to the supply of raw materials to an aluminium smelting plant in the former Soviet Union (junior counsel). See above under Commercial Litigation.
Barclays Bank v Patel & Others: (2006-2008): Commercial Court claim against 15 Defendants in relation to alleged mortgage/valuation fraud. Involved heavy applications for Norwich Pharmacal orders, multi-million pound freezing injunctions and applications to serve out of the jurisdiction.
Barclays Bank v El-Alami & Others: (with Timothy Howe QC) October 2005 freezing injunction and Commercial Court claim in relation to alleged mortgage fraud.
Aviation:
Recommended by Chambers and Partners, the Legal 500 and Legal Experts. Advised on and acted in a wide variety of aviation law matters including most recently, issues arising from the events in April 2010 caused by the volcanic ash cloud. Other experience includes Warsaw Convention issues, property and contractual disputes, air accidents and discrimination claims against airlines. Clients include airlines, airports and aviation finance parties as well as the Civil Aviation Authority. Recent cases include:
Eagle Aircraft Leasing v Société Air France (2009-2010). Acted for the Claimants in a heavy Commercial Court action involving the sale and purchase of Boeing 747-400 aircraft. Raised complex issues on the facts as to the physical condition of the aircraft and also the construction of the detailed sale and purchase agreements. Also involved issues as to compliance with aviation regulatory requirements (EASA and DGAC).
TBI plc v Ryanair (2009-2010). Acted for the Claimant airport owner in contractual dispute with airline. Raised issues under EC Regulation 1107/2006 (provision of assistance to persons of reduced mobility using commercial air passenger services).
London 28 Limited v Air Atlanta Icelandic (2009). Acted for the Defendant airline in Commercial Court proceedings concerning the dry lease of a Boeing 767-204 aircraft and connected guarantee obligations.
Emerald v Rolls Royce: Acted (with Michael Crane QC) for Rolls Royce in a large Commercial Court claim for economic loss following an air accident (preliminary issue as to existence of duty of care).
Professional Negligence:
Experience includes actions involving accountants, solicitors, stockbrokers, architects, conveyancers, insurance brokers, interior designers, surveyors and mortgage valuers.
Law Society v Sephton & Co [2006] 2 AC 543 (HL); [2005] QB 1013 (CA): Acted for the Law Society (led by Timothy Dutton QC) in the Chancery Division trial of a preliminary issue in a professional negligence claim against a firm of accountants (when the cause of action in negligence accrues) and in the subsequent appeals to the Court of Appeal and House of Lords.
Keckia v Barclays Private Bank: Claim in relation to allegedly negligent investment advice given in respect of a substantial portfolio of equities.
Finlan v EMW: Professional negligence claim against solicitors in relation to a large management buy-in and share sale agreement (with Michael McLaren QC).
Insurance & Reinsurance:
Includes Lloyd's and non-Lloyd's work.
Acted for Lloyds underwriters in Commercial Court proceedings (2008-2010) concerning alleged forgery of a reinsurance slip by a broker and purported placement of bond reinsurance for a construction project.
Lane v Dornoch: Appeared on behalf of Lloyds underwriters in a trial concerning construction of a policy extension covering loss of entertainment licence.
Acted for a large insurance broker in relation to the implications of the Financial Services and Markets Act 2000.
Administrative & Public Law:
Acted for several professional disciplinary bodies including the Law Society. Appears regularly in the Administrative Court in applications for Judicial Review.
Recently advised the Local Government Association (with Nigel Pleming QC) as to the Environmental Information Regulations 2004 and their implications for property searches.
R (Thompson) v Law Society [2004] All ER 113: Acted for the Law Society (led by Timothy Dutton QC) in the Court of Appeal (whether Article 6 ECHR applies to determinations of inadequate professional services by the OSS).
Fatchett v Law Society: whether the Law Society owes a duty of care to solicitors in the exercise of its regulatory function.
Appeared in the appeal from the decision in R v Council for Licensed Conveyancers ex p. Watson (Times, 16 June 2000).
Acted for a building society in a large judicial review claim against the Financial Services Ombudsman.
Publications
Joint Author of The Law of Privilege (OUP 2006). Second edition due in 2011.
Joint Author Carriage by Air (Butterworths 2001)
Contributing Editor of Commercial Court Procedure (2nd Edition 2001)